Narendra Parihar vs Babu Lal Deora
2021 Latest Caselaw 7227 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 235/2021

Narendra Parihar S/o Sh. Laxman Singh Parihar, Aged About 40 Years, R/o Gali No. 05, Near Hans Medical Gali, Shiv Shakti Nagar, Outside Mahamandir Third Pole, Jodhpur. (Presently Lodged In Central Jail, Jodhpur).

----Petitioner Versus Babu Lal Deora S/o Sh. Rana Ram Deora, R/o Gali No. 06, Shiv Shakti Nagar, Outside Third Pole, Jodhpur, Second Address Deora Caters, Charan Shabha Bhawan, Near Nagauri Gate Circle, Jodhpur.

----Respondent

For Petitioner(s) : Mr. Deepak Menaria.

For Respondent(s)        :     Mr. DLR Vyas.



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                    Order

15/03/2021

     Heard.

Admit. Issue notice. Call for the record.

Notice need not be issued as the respondent is represented

through his counsel.

Heard learned counsel for the petitioner and learned counsel

for the respondent on Application for Suspension of Sentence

No.83/2021.

Upon a consideration of the arguments advanced on behalf

of the petitioner and having regard to the facts and circumstances

of the case, this court is of the opinion that it is a fit case for

suspending the substantive sentence awarded to the accused-

petitioner subject to depositing the 50% of the cheque amount.

(2 of 3) [CRLR-235/2021]

Accordingly, the application under Section 397(1) read with

Section 401 Cr.P.C. for suspension of sentence is allowed and it is

ordered that the substantive sentence passed by the learned

Special Metropolitan Magistrate (N.I. Act Cases) No.05, Jodhpur,

vide judgment dated 22.08.2019 in Criminal Original Case

No.382/2016 (NCV No.3379/2017) and affirmed by the learned

Additional Sessions Judge No.05, Jodhpur Metropolitan vide

judgment dated 17.02.2021 in Criminal Appeal No.496/2019

against the accused-petitioner Narendra Parihar S/o Sh. Laxman

Singh Parihar shall remain suspended till the final disposal of

aforesaid revision subject to depositing 50% of the cheque

amount and he shall be released on bail provided he executes a

personal bond in the sum of Rs.1,00,000/- along with two sureties

in the sum of Rs.50,000/- each to the satisfaction of the learned

trial Judge for his appearance before this court on 15.04.2021 and

whenever ordered to do so till the disposal of the revision on the

conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the petitioner changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

         4.   Accused-Petitioner shall              deposit 50% of the
              cheque amount before                 the trial Court which
              shall be disbursed to               the respondent on a
              proper application being            filed.





                                                                                (3 of 3)                [CRLR-235/2021]

The learned trial Court shall keep the record of attendance of

the accused-petitioner in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

petitioner was tried and convicted. A copy of this order shall also

be placed in that file for ready reference. Criminal Misc. file shall

not be taken into account for statistical purpose relating to

pendency and disposal of cases in the trial court. In case the

accused-petitioner does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(MANOJ KUMAR GARG),J 165-Prashant/-

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